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Saturday, January 09, 2010

Roanoke Co. man sentenced to 5 years for rape

A jury had recommended the minimum possible sentence for 26-year-old Jeremy Bailey.

A Roanoke County man was sentenced to five years in prison Friday after being convicted of the March rape of a woman at her Bent Mountain home.

Jeremy Dean Bailey, 26, received five years for the rape conviction and 30 days for felony violation of a protective order.

After two days of testimony in September, a jury acquitted Bailey of seven other charges, including another rape charge, two forcible sodomy charges, attempted sodomy, use of a firearm in the commission of a felony, abduction and burglary.

Bailey and the woman had a stormy relationship that had resulted in other charges against each other in recent years. They also have two children together, according to court testimony and court records.

The Roanoke Times does not name victims of sex crimes.

In imposing a sentence, Roanoke County Circuit Court Judge Charlie Dorsey noted that under state guidelines taking into account Bailey's court record, his sentence should have fallen between 14 and 62 years.

Records showed that Bailey has been arrested in recent years on charges ranging from stalking to assault and battery to vandalism.

However, Dorsey said he would respect the jury's recommendation for the minimum possible sentences for the two convictions.

He also noted that Bailey, who maintained his innocence of the rape charge throughout the sentencing hearing, has 30 days to file an appeal.

Correy Diviney, Bailey's lawyer, argued unsuccessfully that the convictions should be overturned based on what Diviney said was inconsistent and contradictory testimony from the victim at trial. Dorsey rejected that plea.

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